wisconsin’s lobbying law kevin j. kennedy, director and general counsel jonathan becker,...
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Wisconsin’s Lobbying Law
Kevin J. Kennedy, Director and General Counsel
Jonathan Becker, Administrator, Division of Ethics and Accountability
Wisconsin Government Accountability Board
2009-2010 Legislative Session2009-2010 Legislative Session
POLITICAL MARKET
Conscientious Rail-road President to Dealer: “Ah! Let me see. I think I’ll take this bunch of Legislators at $5000 a head. The Senators, at - what price did you say?”Dealer: “Can’t afford ‘em less than $10,000 each.”R.R.P.: “Well, hand them over. I suppose I’ll have to take the lot.”Dealer: “Anything else to-day? I have a lot of Editors, at various prices, from a Thousand down to Fifty Cents.”R.R.P.: “No, nothing in that way, to-day. But I want a Governor very much indeed, and will stand $50,000 for him. Get me a Wisconsin one, if possible!”
Cartoon published in Harper’s Weekly of June 12, 1858, at the time of the Land Grant Investigation
The big picture: the lobbying law --
Strengthens citizens’ confidence in the integrity of governmental officials
Helps preserve the integrity of the governmental decision-making process
Promotes a full and fair opportunity for citizens to address governmental officials, either directly, or through paid representatives, on the merits of issues
Lobbying by the numbersIn the 2007-2008 legislative session:
794 organizations were registered to lobby
852 lobbyists were licensed
Lobbying organizations spent $62.25 million lobbyingThis exceeded the total amount spent to elect the legislature by over $50 million
Lobbying organizations reported spending 477,000 hours lobbying(this is equivalent to one person working a 40 hour week for 229 years without vacation)
The Three R’s of Lobbying
Registration Reporting Restrictions
Registration and Licensing
Registration and Licensing
Every business or organization that employs Every business or organization that employs a lobbyist must registera lobbyist must register.
Every lobbyist must be licensed Every lobbyist must be licensed andand authorized authorized.
“Lobbying”
Attempting to influence legislation or administrative rulemaking
Includes development of proposal before introduction or attempting to block introduction of a proposal
Does not include seeking a contract or grant Does not include quasi-judicial decisions
Who is a lobbyist?
An individual who for compensation Communicates with state officials For the purpose of lobbying On 5 or more days in a six-month period Excludes communicating with own
legislators Tax and child support delinquents
Who is a lobbying principal?
If you employ an individual for compensation
To communicate with state officials To lobby And the individual communicates with state
officials On 5 or more days in a six-month period
Reporting Requirements
Reporting requirements during reporting period
Identification of bills, rulemaking proceedings, budget subjects, and lobbying topics
Bills, rules, and budget subjects within 15 days of first communication, after introduction
Lobbying topics not yet assigned a bill or rule number within 15 days of first communication
How to report
Report using tools on the Government Accountability Board website
List of bills, current rulemaking proceedings, budget subjects
Provide a succinct written statement sufficient to put the reader on notice of the communication’s subject matter and whether the communication is an attempt to influence legislative action, an administrative rule, or both. The statement should be equivalent to a bill or rule relating clause, but need not contain a statutory reference.
Lobbying topics
Reporting requirements during reporting period
Daily itemization of time Meeting and preparation time -- including time
spent developing a proposal for introduction Lobbyists and non-lobbyist employees -- except
– Clerical employees– Individuals devoting less than 10 hours to
lobbying– Unpaid volunteers
Subjects of Lobbying Identify bills, rules, lobbying topics, and budget subjects
accounting for 10% or more of principal’s lobbying time Reasonable estimate of proportion of lobbying time for
those matters
Expenditures and time
Identity of non-lobbyist employees making lobbying communications
Reporting requirements at end of reporting period
Restrictions
Section 13.625, Wisconsin statutes
No lobbyist
and no business or organization that employs a lobbyist
may furnish anything of pecuniary value
to an elected state official, candidate for state elective office, legislative employee, or agency official
Except --
Reimbursement for presenting a talk
Items and services a lobbying principal makes available to the general public
Campaign contributions at certain times
Where to get more information
Guidelines --http://gab.wi.gov Advisory opinions [Prompt, confidential, authoritative]
Government Accountability Board’s staff